The Armed Forces (Summary Appeal Court) Rules 2009

Rule 96

SCHEDULE 2 TRANSITIONAL PROVISIONS

PART 1 GENERAL

Interpretation

1.  In this Schedule—

“AA 1955” means the Army Act 1955(1);

“AFA 1955” means the Air Force Act 1955(2);

“2000 Rules” means the RN Rules, the Army Rules and the RAF Rules (or any of them);

“the Army Rules” means the Summary Appeal Court (Army) Rules 2000(3);

“commencement” means the date on which these Rules come into force;

“NDA 1957” means the Naval Discipline Act 1957(4);

“the RAF Rules” means the Summary Appeal Court (Air Force) Rules 2000(5);

“the RN Rules” means the Summary Appeal Court (Navy) Rules 2000(6);

“the SAC” means the summary appeal court established by section 52FF(1) of NDA 1957 or section 83ZA(1) of AA 1955 or AFA 1955;

“the SDAs” means AA 1955, AFA 1955 and NDA 1957;

“SDA offence” means any of the following—

(a)

any offence under Part 2 of AA 1955 or AFA 1955;

(b)

any offence under Part 1 of NDA 1957;

(c)

an offence under section 47K of that Act.

Record of Summary Appeal Court proceedings

2.—(1) Rule 30(5) to (8) shall apply in relation to the record of—

(a) the proceedings of the SAC, and

(b) a preliminary hearing,

with the following modifications.

(2) In paragraph (5)—

(a) the reference to exhibits retained under rule 31 is to be read as a reference to exhibits retained under rule 50(3) of the 2000 Rules; and

(b) the reference to the court administration officer is to be read as a reference to the court administration officer within the meaning of AA 1955, AFA 1955 or NDA 1957 (as the case may be).

(3) Paragraph (5) shall have effect as if for sub-paragraphs (a) to (c) there were substituted “the conclusion of the proceedings of the SAC (or, in relation to the record of a preliminary hearing which was not followed by proceedings of a SAC, the conclusion of the last preliminary hearing in the appeal)”.

(4) In paragraph (7)—

(a) references to proceedings (or part of proceedings) held in camera include a preliminary hearing (or part of such a hearing) where rule 36(1) of the 2000 Rules applies; and

(b) the reference to proceedings in relation to which a direction under rule 45 was given is to be read as a reference to proceedings where the an order under rule 5(1) of the 2000 Rules has been made or a preliminary hearing held under rule 34 of the 2000 Rules.

Persons ineligible for membership in particular circumstances

3.  In rule 36(2), the reference to any previous proceedings includes proceedings under any of the SDAs and “Court Martial” is to be read as “a court-martial convened under the SDAs”.

PART 2 STEPS TAKEN BEFORE COMMENCEMENT

Service of documents

4.  Any document served on a person before commencement, which would have been served on him in accordance with any provision of these Rules if that provision had then been in force, is to be treated as having been served on him in accordance with that provision.

Court administration officers

5.  Anything done before commencement by a court administration officer within the meaning of any of the SDAs, which would have been done in accordance with any provision of these Rules if it had been done by the court administration officer within the meaning of the Act and that provision had then been in force, is to be treated as having been done by the court administration officer in accordance with that provision.

Prosecuting officers

6.  Anything done before commencement by—

(a) the prosecuting authority for the Royal Navy, the Army or the Royal Air Force, or

(b) a prosecuting officer (within the meaning of any of the SDAs),

which would have been done in accordance with any provision of these Rules if it had been done by the Director and that provision had then been in force, is to be treated for the purpose of these Rules as having been done by the Director in accordance with that provision.

Legal representatives

7.—(1) Anything done before commencement by a person’s legal advisor within the meaning of 2000 Rules, which would have been done in accordance with any provision of these Rules if it had been done by the person’s legal representative within the meaning of these Rules and that provision had then been in force, is to be treated for the purpose of these Rules as having been done by the person’s legal representative in accordance with that provision.

(2) A person who, immediately before commencement, was a person’s legal advisor (within the meaning of the 2000 Rules) is to be treated as having been appointed under rule 41.

Appeal or application to be treated as made in accordance with these Rules

8.  Where, before commencement, an—

(a) appeal has been made in accordance with rule 8 of the 2000 Rules,

(b) application for leave to extend time for appealing and for leave to bring an appeal out of time has been made in accordance with rule 9 of the 2000 Rules, or

(c) application by the authority carrying out a review for leave to refer a case to the summary appeal court has been made in accordance with rule 12 of the 2000 Rules,

and that application or appeal has not been determined, the application or appeal is to be regarded for the purposes of these Rules as having been made in accordance with these Rules.

Directions etc

9.—(1) A direction, order or ruling given or made in a preliminary hearing by the judge advocate (within the meaning of 2000 Rules) has effect in related proceedings as if made in preliminary proceedings by the judge advocate for those proceedings.

(2) Proceedings are “related proceedings” in relation to a preliminary hearing if, had the hearing been preliminary proceedings, they would have been related proceedings in relation to those proceedings.

(3) A summons issued under 2000 Rules shall have effect as if issued under these Rules.

PART 3 EVIDENCE

Proof by written statement

10.  The reference in rule 61(1)(b) to a person subject to service law or a civilian subject to service discipline is to be read, in relation to a statement made before commencement, as a reference to a person who at the time of making the statement was a person mentioned in section 99A(2)(b) of AA 1955.

Evidence of enlistment or entry for service

11.—(1) In rule 69, references to an enlistment paper used to enlist a person in accordance with regulations made under section 328 include—

(a) an attestation paper within the meaning of AA 1955 or AFA 1955; and

(b) a copy of Royal Navy Form S3049 (Notice Form for Entry/Re-Entry into Naval Service) signed by a person on being entered for service in the Royal Navy.

(2) In relation to a document purporting to be a copy of Royal Navy Form S3049, rule 69(1)(a) has effect as if for the word “enlisted” there were substituted “entered for service”.

(3) In rule 69(1)(b) the reference to a recruiting officer includes a recruiting officer within the meaning of Part 1 of AA 1955 or AFA 1955.

Documents signed by or on behalf of a person’s commanding officer

12.  In relation to a record or certificate purporting to have been signed before commencement, references in rules 71 and 73 to a person’s commanding officer are to be read as references to his commanding officer within the meaning of Part 2 of the Armed Forces Act 2001(7).

PART 4 PUNISHMENT

SDA offences

13.  In rule 86(2)(d), references to service offences include SDA offences.

(1)

1955 c. 18.

(2)

1955 c. 19.

(3)

S.I. 2000/2371.

(4)

1957 c. 53.

(5)

S.I. 2000/2372.

(6)

S.I. 2000/2370.

(7)

2001 c. 19.